Tremblay v. Ogunfeibo

Tenant wins · 2019-12-20

Adjudicator

F.L. Myers J.

Dispute

Eviction, Unauthorized Occupancy

Landlord

L.T.

Tenant

O.O.

Landlord rep

Andrei Dobrogeanu

What happened

Landlord appealed a Landlord and Tenant Board decision that found her liable for damages for unlawfully evicting the Tenant. The Landlord argued that the Tenant was not a subtenant and therefore not entitled to protection under the Residential Tenancies Act. The court dismissed the appeal, finding that while the Board erred in its application of the subtenancy provisions, the Tenant was still protected under the Act as a tenant based on the definitions in the Act.

The ruling

The court dismissed the Landlord's appeal of the Landlord and Tenant Board decision. While the Board erred in applying subtenancy provisions, the court found that the Tenant was still protected under the Act based on the definitions of landlord and tenant. The Landlord had no right to evict the Tenant by self-help, and the Board's remedial order was upheld.